18600 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules 

Comments Due Date 

(a) We must receive comments by May 14, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to DA 42 airplanes, 

serial numbers 42.004 through 42.129, 

42.177, and 42.AC001, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 72: Engine. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Shortly after an engine change, the 

aluminium fitting attached to the engine 

gearbox holding lines and fittings of the 

propeller control system was found to be 

cracked. This led to a pressure loss in the 

propeller control system following a control 

system malfunction and led to a in-flight 

engine shutdown. 

The broken fitting is part of the engine 

installation and was initially a steel part. It 

was later modified by the engine 

manufacturer to an aluminium design. 

Investigation determined that the area is 

critical for cracks due to combination of 

mass, material and installation torque values. 

Diamond Aircraft Industries incorporated 

with Design Change MA ̈ M 42–184 an 

additional bracket into production airplanes 

to improve the installations and prevent 

vibration cracks. 

Actions and Compliance 

(f) Unless already done, within 50 hours 

time-in-service or 30 days after the effective 

date of this AD, whichever occurs first, 

install the additional steel bracket following 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin NO. MSB–42–

024/3, dated September 19, 2006. 

Note 1: If the above action was 

accomplished following the procedures 

described in Diamond Aircraft Industries 

GmbH Mandatory Service Bulletin No. MSB–

42–024/2, dated August 31, 2006, you may 

take ‘‘unless already done’’ credit, and no 

further action per this AD is necessary. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et.seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No: 2006–0277, 

dated September 06, 2006; and Diamond 

Aircraft Industries GmbH, Mandatory Service 

Bulletin No. MSB–42–024/3, dated 

September 19, 2006, for related information. 

Issued in Kansas City, Missouri, on April 

6, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–7050 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27708; Directorate 

Identifier 2007–CE–027–AD] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 42 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

From airplanes that have installed the 

Auxiliary Fuel Tank Optional Design Change 

(O–M) No. 42–056, three in-service failures of 

the auxiliary fuel tank venting system have 

been reported. These failures have led to the 

inability to supply the complete auxiliary 

fuel quantity to the main tanks and the 

collapse of the auxiliary tank. It is suspected 

that the vent lines were obstructed either by 

ice accretion under certain climatic 

conditions or by blockage of the vent valves 

because of fuel contaminants. 

Undetected malfunctions of the venting 

system and damaged auxiliary fuel tanks may 

lead to a lower usable fuel quantity, 

subsequent fuel starvation and/or fuel 

spillage into the nacelle. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 14, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov; or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

proposed AD, the regulatory evaluation, 

any comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4145; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules 18601 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27708; Directorate Identifier 

2007–CE–027–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No: 2007–

0047 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

From airplanes that have installed the 

Auxiliary Fuel Tank Optional Design Change 

(O–M) No. 42–056, three in-service failures of 

the auxiliary fuel tank venting system have 

been reported. These failures have led to the 

inability to supply the complete auxiliary 

fuel quantity to the main tanks and the 

collapse of the auxiliary tank. It is suspected 

that the vent lines were obstructed either by 

ice accretion under certain climatic 

conditions or by blockage of the vent valves 

because of fuel contaminants. 

Undetected malfunctions of the venting 

system and damaged auxiliary fuel tanks may 

lead to a lower usable fuel quantity, 

subsequent fuel starvation and/or fuel 

spillage into the nacelle. 

The MCAI requires: 

* * * to check for proper operation the 

auxiliary fuel tank venting system, and check 

for damage the fuel tanks’ structure. 

* * * also requires installation of 

ventilation holes in the filler caps’ fitting and 

introduction of a temporary revision into the 

Aircraft Maintenance Manual (AMM). 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Diamond Aircraft Industries GmbH 

has issued Mandatory Service Bulletin 

No. MSB–42–032/1, dated January 24, 

2007. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 47 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $7,520, or $160 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 


cprice-sewell on PRODPC61 with PROPOSALS
18602 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Diamond Aircraft Industries GmbH: Docket 

No. FAA–2007–27708; Directorate 

Identifier 2007–CE–027–AD. 

Comments Due Date 

(a) We must receive comments by May 14, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model DA 42 

airplanes; serial numbers 42.015, 42.028, 

42.036, 42.044, 42.055, 42.059, 42.062, 

42.067, 42.069, 42.075 through 42.100, 

42.105, 42.106, 42.108, 42.114, 42.115, 

42.117 through 42.122, and 42.124; 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

From airplanes that have installed the 

Auxiliary Fuel Tank Optional Design Change 

(OA ̈ M) No. 42–056, three in-service failures 

of the auxiliary fuel tank venting system have 

been reported. These failures have led to the 

inability to supply the complete auxiliary 

fuel quantity to the main tanks and the 

collapse of the auxiliary tank. It is suspected 

that the vent lines were obstructed either by 

ice accretion under certain climatic 

conditions or by blockage of the vent valves 

because of fuel contaminants. 

Undetected malfunctions of the venting 

system and damaged auxiliary fuel tanks may 

lead to a lower usable fuel quantity, 

subsequent fuel starvation and/or fuel 

spillage into the nacelle. 

Actions and Compliance 

(f) Unless already done, do the following 

actions within the next 30 days after the 

effective date of this AD: 

(1) Inspect and modify the auxiliary fuel 

tank system following Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB–42–032/1, dated January 24, 2007. 

(2) Incorporate Doc. No. 7.02.01, Section 

05–20–00, page 68a of Diamond Aircraft DA 

42 AMM Temporary Revision AMM–TR–

OA ̈ M–42–056f, dated January 23, 2007, into 

the Airworthiness Limitations documents of 

the FAA-approved maintenance program 

(e.g., maintenance manual). The owner/ 

operator holding at least a private pilot 

certificate as authorized by section 43.7 of 

the Federal Aviation Regulations (14 CFR 

43.7) may insert the information specified in 

paragraph (f)(2) of this AD into the 

maintenance program (e.g., maintenance 

manual). Make an entry into the aircraft 

records showing compliance with this 

portion of the AD in accordance with section 

43.9 of the Federal Aviation Regulations (14 

CFR 43.9). 

Note 1: Doc. No. 7.02.01, Section 05–20–

00, page 68a of Diamond Aircraft DA 42 

AMM Temporary Revision AMM–TR–OA ̈ M–

42–056f, dated January 23, 2007, specifies 

additional repetitive inspections for the 

auxiliary tank vent system. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et. seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2007–0047, 

dated February 23, 2007; Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB–42–032/1, dated January 24, 2007; 

and Diamond Aircraft DA 42 AMM 

Temporary Revision AMM–TR–OA ̈ M–42–

056f, dated January 23, 2007 for related 

information. 

Issued in Kansas City, Missouri, on April 

6, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–7049 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2006–0919; FRL–8298–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Redesignation of the Hampton Roads 

8-Hour Ozone Nonattainment Area to 

Attainment and Approval of the 

Associated Maintenance Plan and 2002 

Base-Year Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a redesignation request and State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Virginia. The Virginia Department of 

Environmental Quality (VADEQ) is 

requesting that the Hampton Roads 

ozone nonattainment area (‘‘Hampton 

Roads Area’’ or ‘‘Area’’) be redesignated 

as attainment for the 8-hour ozone 

national ambient air quality standard 

(NAAQS). The Area is comprised of the 

Cities of Chesapeake, Hampton, 

Newport News, Norfolk, Poquoson, 

Portsmouth, Suffolk, Virginia Beach, 

and Williamsburg, and the Counties of 

Gloucester, Isle of Wight, James City, 

and York, Virginia. EPA is proposing to 

approve the ozone redesignation request 

for the Hampton Roads Area. In 

conjunction with its redesignation 

request, the Commonwealth submitted a 

SIP revision consisting of a maintenance 

plan for the Hampton Roads Area that 

provides for continued attainment of the 

8-hour ozone NAAQS for at least 10 

years after redesignation. EPA is 

proposing to make a determination that 

the Hampton Roads Area has attained 

the 8-hour ozone NAAQS, based upon 

three years of complete, quality-assured 

ambient air quality monitoring data for 

2003–2005. EPA’s proposed approval of 

the 8-hour ozone redesignation request 

is based on its determination that the 

Hampton Roads Area has met the 

criteria for redesignation to attainment 

specified in the Clean Air Act (CAA). In 

addition, the Commonwealth of Virginia 

has also submitted a 2002 base-year 

inventory for the Hampton Roads Area, 

and EPA is proposing to approve that 

inventory for the Hampton Roads Area 

as a SIP revision. EPA is also providing 

information on the status of its 

adequacy determination for the motor 

vehicle emission budgets (MVEBs) that 

are identified in the maintenance plan 

for the Hampton Roads Area for 

purposes of transportation conformity, 

and is also proposing to approve those 


cprice-sewell on PRODPC61 with PROPOSALS